Misuse of 498A, DV, alimoney demand
I am a victim a real victim.
I married to my wife on 7th feb 2011 in Orissa, Bhawanipatna, Kalahandi District. Just before one month my father-in-law/Mother-in-law and their family asked me for any dowry demand, I asked them to pay 5 lacs rupees as her daughter do not want to work even after she is a M.A full time degree, where in I am a correspondence B.A and MBA. They paid me 5 lacs on jan 2011 and assured me no legal consequences later. They sent the money to my bank account.
After marriage we blessed a daughter and our family life was going happly in Mumbai and then delhi as per my private job. One day her family relatives called me and asked me to send rupees 5,81,000 to purchase a plot in the name of my wife, they all threaten me of dowry case if I dnt obey them. I sent the money to wife’s uncle’s bank account via NEFT for which I have evidence. This incedent happened on Feb 2012/march 2012.
After a year again father-in-law and his brother and family again demanded me money for further purchase plot in name of my wife, I again sent them rupees 6,79,500 rupees in different occasion till march 2103. I have money transfer details as evidence as it was bank money transfer by NEFT.
They all still demanded money again after this. I filed a divorce case in Ghaziabad/UP in sep 2013 due to the harassment and mean time my wife already left me because I was not giving further money. I informed my wife over phone and she called me Orissa/Kalahandi for a fmily discussion.
I reached her home on 12th oct 2013 evening 6 pm. I found her family/Relatives friends all were gathered to attack me in her hall room. All of them suddenly started abusing me and kicked me and slapped me and threated me to make me jobless and send jail. I started doing self-defense and hit my father-in-law and he injured.
They all locked me in their home, snached my mobile phone and locked me inside their home. They called police and filed 294/506/323/324/325/498a FIR against me. Police did not hear anything from me and kept me in police custody from 12 th oct 2013 to 17th oct 2013.
Then they forwarded me to magistrate and jail. I was in jail till nov 25th 2013 and then my uncle took out me in bail.
My wife filed a divorce case in Bhawanipatna/Kalahandi/Orissa in December 2013 after appearing a date in ghazibad court where I had filed a divorce case and she got divorce in april 2014 due to ex-party. Their lawyer send the notice to a wrong office address and somehow they got a notice accepence stamp by security guard of the company which is not my company and with clever tactics they got divorce before me. Make a note that my wife’s uncle s a lawyer.
After she got divorce, she filed another suit for alimony on jan 2014 in Civil Court bhawanipatna/Kalahandi/Orissa grant them 30 lacs alimony and pass a recovery suit. Notice did not come to my address and I am waiting.
They again filed a DV (Domestic violence act) case against me on Feb 2015 and demanded 35000 monthly compensation.
I work for a private company and get 70000 salary and my loan liability is 55000 PM. After that I pay LIC premium 48000 a year, my old age parents are dependent on me and they are not working.
Also I file a criminal case against them in May 2014 with section 34/384/506/406/420 etc… Now they appealed in high court Orissa to squash my case. I wanted to know if DP under section 3 which is not mentioned in my complain can be added now. This case not moving in high court.
I am planning to file a DP-sec-3 case against them for giving dowry as my charge sheet came for 498a on march 2015. FIR case by them where the police took cognizance of (294/506/323/406/498a-DP) as per charge sheet.
There is no chance of compromise and I want to teach them a lesion. They have accused me only in all case but I have accused 5 members of their family for their wrong doing.
Please advise me how to proceed on this and save myself.